Wrongful arrest, also commonly referred to as ‘false arrest’ or ‘false imprisonment’ is legally defined as a situation when someone (police or otherwise) holds you against your will or takes you into custody. When Does a Wrongful Arrest Occur? A false arrest happens when a third party (usually law enforcement) restricts or limits another individual’s…
Drug distribution is a serious charge with the potential for high fines and prison time if convicted. If you’ve been arrested for drug distribution in Brevard, the fight for your rights, freedom and innocence begins now. If you’ve been arrested, here is what to do: 1. Be Respectful and Don’t Resist Emotions can run high…
Accused of a crime? You have rights. In this brief guide, we take a look at the rights you have with regards to the criminal process in the United States. Anyone charged with a crime in the USA is to be presumed innocent until proven guilty. Although the criminal process might make defendants feel like…
Confused about charges you may be facing? One commonly misunderstood charge Florida residents face is assault vs aggravated assault. In this brief guide, we explore the differences… What is Assault In Florida? Under Florida Statute §§784.011 assault is legally defined as “an intentional, unlawful threat by word or act to do violence” made by a…
On probation in Florida? Here’s a quick rundown of what you need to know… When convicted of a crime, you may be ordered to be put on probation by the presiding judge. Less severe than imprisonment, probation is sometimes granted to first-time offenders, for lower level crimes, or when a savvy defense lawyer intervenes and…
According to Florida law, a DUI that involves property damage, not resulting in any serous injuries, is considered a first-degree misdemeanor. This type of crime, if convicted, carries a maximum penalty of up to 12 months in jail and a maximum fine not to exceed $1000. Facing a DUI of any kind is a serious…
Just because you were charged with ‘concealed firearm possession’ doesn’t mean its an open and shut case. The prosecutor must prove the ‘concealed’ part of that alleged crime. For example, is the weapon only ‘concealed’ from certain angles? Remember, the right to bear arms is a federally protected right, established in the constitution. However, there…
Domestic violence charges are serious, ranging from a misdemeanor to a felony. Below we detail the varying charges and the potential consequences if convicted in Florida. Domestic violence in Florida covers ten crimes: Assault: Second degree misdemeanor. Up to a maximum of 60 days in fail and a fine up to $500. Aggravated Assault: Third…
Over 32 million traffic stops take place across the US each year. At some point in your life, chances are you may be pulled over as well. When this happens, it is important to understand your rights. Law Enforcement Must Have Reasonable Suspicion or Cause to Pull You Over It is unlawful for a police…
Although many states have made moves to decriminalize and even legalize marijuana, that doesn’t mean citizens are in the clear. If you find yourself facing marijuana-related charges, your first question might be ‘how can I get the charges reduced or dropped?” You’re not alone. In fact, at Germain Legal, our criminal defense approach involves immediately…
CHARGES: DUI SECOND OFFENSE
DETAILS: The client was charged with a second DUI. The state offered jail, and my client opted to exercise her Constitutional right to a jury trial.
DATE: November 2013
OUTCOME: Jury returned a verdict of “Not Guilty” at trial.
CHARGES: AGGRAVATED BATTERY ON A PREGNANT PERSON
DETAILS: The client was arrested after his best friend’s fiancé accused him of striking her. He was charged with a third degree felony punishable by up to five years in prison.
DATE: October 2013
OUTCOME: Jury returned a verdict of “Not Guilty” at trial.
CHARGES: AGGRAVATED BATTERY ON A PREGNANT PERSON
DETAILS: The client was arrested after his best friend’s fiancé accused him of striking her. He was charged with a third degree felony punishable by up to five years in prison.
DATE: October 2013
OUTCOME: Jury returned a verdict of “Not Guilty” at trial.
